People v. Dick
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The defendant, who was indicted for the murder of S. M. Simpson, was tried and convicted of murder in the first degree.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The defendant, who was indicted for the murder of S. M. Simpson, was tried and convicted of murder in the first degree. At the trial, and while the jury were being empaneled, the counsel for defendant, after examining separately several persons who had been summoned as trial jurors touching their qualifications as such jurors, interposed a challenge to each, “for cause”—which was overruled by the Court, and the counsel for defendant excepted. The defendant’s counsel moved that the judgment be arrested, on the ground…
1Opinion of the Court
By the Court, Sprague, J.:, Appellant’s exceptions to the action of the Court in disallowing his challenges for cause of the three jurors, Marsh, Humsacker, and Carlin, are not well taken. It does not appear that either of the persons named were challenged upon any specific ground of challenge authorized by statute. To simply state that “the juror is challenged for cause,” as in this case, or the juror is challenged for implied bias, or for actual bias, is not such challenge as the trial Court is required to recognize. It is no challenge. A challenge for implied bias must distinctly state…
2Cases cited2 opinions
- People v. KingCalifornia Supreme Court · 1865
- People v. KellyCalifornia Supreme Court · 1856
3Cited by13 opinions
- People v. OwensCalifornia Supreme Court · 1899
- People v. SansomeCalifornia Supreme Court · 1893
- People v. HoptUtah Supreme Court · 1886
- Tennessee Central Railroad v. BrownTennessee Supreme Court · 1911
- State v. St. ClairIdaho Supreme Court · 1898
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